Permanent Mission of Slovenia

to the United Nations

Statement

By Ms. Anita Pipan

Representative

Sixth Committee

54th Session United Nations General Assembly

Agenda Item: 158

Establishment of an International Criminal Court

22 October 1999

Mr. Chairman,

As this is the first time the delegation of Slovenia is taking the floor in the Sixth committee during the 54th Session of the General Assembly, I would like to

congratulate you and other members of the Bureau upon your election and express our full confidence in your skilful guidance of the Committee during its deliberations. We are also convinced of the traditional support and cooperation of the Secretariat.

Slovenia fully subscribes to the statement made by the representative of Finland on behalf of the European Union on the issue of the establishment of the

International Criminal Court.

Mr. Chairman,

The adoption of the Statute of the International Criminal Court in July last year was a historic breakthrough in terms of international law. The International Criminal Court, a permanent body with jurisdiction over the most heinous crimes, will be an essential pillar of an emerging system of international justice that encompass both national courts and international fora. It will be a powerful tool to address and deter the commission of

crimes of the most serious international concern, such as genocide, war crimes and crimes against humanity. It will add to breaking the culture of impunity and replacing it with the culture of accountability. The International Criminal Court, once established, will make the rule of law and the protection of human rights truly universal. It will enhance substantially legal predictability and certainty as well as the human security. By its complimentarity to the

jurisdiction of national courts it will provide an incentive for States to honour the commitments and obligations under international law and genuinely carry out their national investigations and prosecution in this regard.

Mr. Chairman,

The coming into operation of the Court, however, requires important further steps. Slovenia believes we must build upon the momentum and legitimate

expectations of international community and strive to fulfil the mandate entrusted to the Preparatory Commission by the Resolution F of the Final Act of the Rome Conference with utmost determination. The two sessions of the Preparatory Commission for the International Criminal Court this year have

already made steady progress towards achieving its objectives. It is important that we adhere to priorities set out by the mentioned resolution, and complete

the Rules of Procedure and Evidence and the Elements of Crimes by June 2000. To this end Slovenia is of the view that at least two three week sessions of the Preparatory Commission, provided with adequate resources, should take place next year before the 30 June 2000, and one session after that date, for preparation of other instruments and issues under the Commission's mandate.

During the Rome conference representatives of States did not only have to reconcile the differences between the various national legal systems, but also

the diverse political conceptions of the essential function of the International

Criminal Court and of international institutions in general. As in Rome, we are hopeful that despite the complexity of issues under Commission's consideration, the States will continue to work efficiently and effectively, in the spirit of compromise, in order to achieve the set objectives.

Mr. Chairman,

Slovenia believes it is important that an internationally agreed definition of the crime of aggression be incorporated in the Statute in not too distant future. This would be necessary to make the Court's jurisdiction complete. Moreover, the possibility of a genuinely international prosecution of the crime of aggression would serve as a powerful deterrent against the illegitimate use of force by states. In this light, we welcome the decision taken during the last Session of the Preparatory Commission, namely to establish at the next Commission's session a working group on the crime of aggression.

Mr. Chairman,

The completion of the Rules of Procedure and Evidence and the Elements of Crimes must go hand in hand with the efforts to universilize the acceptance of

the Court, since full effectiveness of the Court will need the widest support of the international community. Equally important is the signing and ratifying of the Statute, which is key for an early entry into force of the Treaty.

For the Government of Slovenia ratification of the Statute is an important human rights priority. We are currently going through an internal legislative

procedure to this end, establishing primarily the compatibility of the ICC Statute with the provisions of the Constitution. Once ratified, the Statute shall have direct applicability in the Slovene legal order, due to the constitutional principle of the supremacy of international law. Accordingly,

necessary implementing legislation, preferably in the form of a unified legislative act, can be adopted after the ratification taking place. As a third step we envisage to progressively amend the Penal Code so as to bring it fully in line with the ICC Statute as well as current international humanitarian law standards.

Since many States share similar concerns in the ratification procedures and have to go through the legislative hurdles required for full implementation of relevant obligations into domestic law, we see great merit in the international cooperation on this issue. The regional conferences and workshops, such as the one organized in Budapest in October this year, where Slovenia was among active participants, are in our opinion a successful forum for exchange of views and seeking solutions for overcoming similar obstacles to ratification.

Mr. Chairman,

The early coming into operation of a balanced and credible Court, broadly acceptable to the international community, is feasible. With a strong will and

determination of States and the important contribution of the ICRC and many Non Governmental Organizations, we can achieve the historic success for justice. Not only have the recent events in Sierra Leone and East Timor, among others, underscored the urgency of its establishment, but the humanity also deserves no less than a Court which can make a real difference.

Thank your, Mr. Chairman.